5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly Rule 16.02 — A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. Rule 16.03 — A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court. In this case, the Court finds that respondent violated the Lawyer's Oath, Canons 1 and 16, and Rules 1.01, 16.01, 16.02, and 16.03 of the Code. Failing to institute the civil case; failing to return the client's money Respondent was engaged by complainant to file a civil case for annulment of marriage. Complainant paid him the amount of CAD$2,000.00, which he duly acknowledged. However, respondent never performed his duty; he did not even file a petition for annulment of marriage in court. Due to respondent's inaction and complainant's loss of trust and confidence, she terminated his legal services. Notably, complainant only demanded that half of her legal fees be returned to her, even though respondent did not perform any of his legal duties. Complainant sent two Demand Letters[34] to respondent, which was duly received by the latter, but these demands were unheeded. Complainant's son, Conrad, consistently contacted respondent for the return of the legal fees. However, respondent was either unresponsive or busy making excuses. Respondent promised that he would return half of complainant's money but he never did. His explanation that he did not return complainant's money to Conrad because the latter's identity was questionable deserves scant consideration. Conrad presented a Special Authorization signed by complainant, which was duly sworn to before the Philippine Consulate General in Calgary, Alberta, Canada, authorizing him to transact with respondent. This authorization was furnished to respondent but he still failed to return complainant's money through Conrad. Finally, respondent's flimsy justification that complainant's money was supposed to be returned to her but was inadvertently left in the case folder is absolutely irresponsible. Respondent had numerous instances and opportunities to return his client's money – through complainant while she was in the Philippines, through Conrad, or even during the Mandatory Conference before the Commission – but he glaringly failed to do so. It shows that from the very beginning, respondent did not have an ounce of eagerness to return his client's entrusted money. Indeed, respondent's misdealing towards his client is manifest and obvious. Respondent's acts of failing to comply with his legal duty to file the civil case and failing to return his client's money violate the Lawyer's Oath, which mandates that no lawyer shall delay any man for money or malice. These acts also violate Canon 1 and Rule https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66381 5/10